Do Children Have the Right to Decide in a Divorce?

When parents decide to divorce, one of the most sensitive issues is the future of the children. In many cases, the question arises: Do children have the right to decide in a divorce? More specifically, can they choose which parent to live with or influence the outcome of custody decisions? This article provides a clear answer to that question under Vietnamese law and explores the connection between children rights and what is unilateral divorce. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. The Legal Status of Children in Divorce Cases in Vietnam

Under Vietnamese law, children are considered individuals with certain rights, but they are not given full legal autonomy. The Law on Marriage and Family 2014, especially Article 81 and Article 71, provides important legal guidance on the rights of children when their parents divorce.

While children do not have the legal authority to initiate or decide on a divorce, which is a legal matter between spouses their opinions are considered in certain aspects, particularly child custody.

Do Children Have the Right to Decide in a Divorce?

2. When Are Children Opinions Considered?

According to Article 81 of the Law on Marriage and Family 2014, if children are from 7 years old or older, their wishes regarding custody must be taken into account by the court. However, this is not the only factor. The court will prioritize the best interests of the child, which include:

• The child emotional bonds with each parent
• Each parent ability to provide for the child
• Educational and living environment
• The child mental and physical health

In practice, the child stated preference can strongly influence the court decision, especially in uncontested or consensual divorces.

3. Children and Unilateral Divorce

In a unilateral divorce, one party seeks to dissolve the marriage without the other agreement. If children are involved, the court must also resolve custody and child support issues as part of the judgment. Here is how what is unilateral divorce affects children rights:

• The child cannot decide the outcome of the divorce itself
• The child can express their preference about custody if they are 7 or older
• The court is not obligated to follow the child wishes but must consider them along with other factors
• In contentious cases, psychological evaluations or school, social worker input may be requested to assess the child best interests

4. Practical Scenarios

4.1. Consensual Divorce

If both parents agree to divorce and also agree on child custody, the court will usually respect that agreement, provided it benefits the child. Children opinions may be recorded but are not critical.

4.2. Unilateral Divorce with Custody Dispute

If one parent files for divorce and the other opposes it, and custody is contested, the child opinion becomes much more important. Especially in unilateral divorce cases, children over 7 may be asked to testify privately with a judge or submit a written statement expressing their wishes.

5. Protecting Children Rights During Divorce

Even though children cannot decide whether a divorce happens, the law emphasizes their protection throughout the process. Vietnamese courts take a child-centered approach, ensuring:

• Physical and emotional safety
• Access to education and health care
• Regular contact with both parents, unless harmful
• Continuity and stability in living arrangements

It is vital that parents understand that a child opinion is just one piece of a larger legal and emotional puzzle.

Do Children Have the Right to Decide in a Divorce?

5. Apolo Lawyers provides consulting services on unilateral divorce procedures

At Apolo Lawyers, we provide legal advice and representation for both consensual and unilateral divorces, especially when children are involved. Our services include:

• Advice on the right to request the Court to settle divorce;
• Advising on conciliation procedures at the grassroots level;
• Advise on divorce proceedings;
• Advising on grounds for divorce;
• Legal consultation on divorce procedures
• Representation in custody and child support disputes
• Guidance on gathering and presenting evidence
• Support in ensuring children rights are respected

Hopefully, with the information we shared above, Apolo Lawyers has helped you better understand the cases in which a unilateral divorce is not allowed. In order for the divorce to be resolved quickly, the divorce petitioner can conduct the divorce procedures by himself or ask for divorce procedures consulting service. When coming to the divorce procedure consulting service at Apolo Lawyers, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

Divorce is a quite complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

>>> Read more: How to Proceed If One Spouse Refuses a Unilateral Divorce in Vietnam?

>>> Read more: Divorcing an Unfaithful Spouse in Vietnam

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